The Supreme Court has ruled in favour of NASA petition challenging the re-election of President Uhuru Kenyatta, hence triggering a re-election in 60 days, which translates to October 31 this year.
The decision was rendered by four judges namely Chief Justice David Maraga, Deputy Chief Justice Philemona Mwilu, Justice Smokin Wanjala and Justice Isaac Lenaola.
However, Lady Justice Njoki Ndung’u and Justice Jackton Ojwang held a dissenting opinion, saying there was no evidence to annul the election.
“I disagree with the verdict of the majority and there’s no good reason to nullify the elections,” she said.
The court has ruled that the electioneering process will marred with irregularities from voting, transmission and tallying, which affected the final results of the presidential election.
“A declaration is hereby issued that the presidential election was not conducted in accordance with the constitution. The election was therefore invalid, null and void,” ruled Maraga.
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Kenya becomes the first country in Africa and the Commonwealth to void a presidential election. It means it will be a contest between Raila and Uhuru in the fresh elections. Uhuru’s lawyer Ahmednasir Abdullahi termed the decision a “political” one.
Both the majority and the dissenting judges will deliver their full judgements later given the tight timelines they were operating in. Raila supporters immediately took to the streets to celebrate amid tight security.